Voluntary ex ante transparency notice
Directive 2009/81/EC
Section I: Contracting
authority
I.1) Name and addresses
Ministry of Defence, Air Support, Air Commodities Project Team (AC PT)
#1335 Walnut 3B, NH1
Abbey Wood
BS34 8JH
UK
Contact person: Gayle Raisey
Telephone: +44 306798612
E-mail: DESASAC-ComrclContact@mod.gov.uk
NUTS: UKK11
Internet address(es)
Main address: www.Contracts.mod.uk
I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5) Main activity
Defence
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Support of Aircraft Tyres Including New Build, Repair and Post Design Services
II.1.2) Main CPV code
34741000
II.1.3) Type of contract
Supplies
II.1.4) Short description
5 years support of aircraft tyres including new build, repair and post design services.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
1 300 000.00
GBP
II.2) Description
II.2.3) Place of performance
NUTS code:
UKG31
Main site or place of performance:
Birmingham
II.2.4) Description of the procurement
5 years support of aircraft tyres including new build, repair and post design services.
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Negotiated procedure without publication of a contract notice
Justification for selected award procedure:
The works, supplies or services can be provided only by a particular economic operator for the following reason: protection of exclusive rights, including intellectual property rights
Explanation:
The Secretary of State for Defence (The Authority) intends to enter into a contract with Dunlop Aircraft Tyres Ltd for the procurement of Support of Approved Tyres utilised on various MoD aircraft platforms, originally manufactured by Dunlop Aircraft Tyres Ltd.
It is considered that this contract can be procured using the negotiated procedure without prior publication of a contract notice pursuant to Article 28(1)(e) of Directive 2009/81/ EC (Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011). This is due to technical reasons which would make it extremely difficult, time consuming and costly for any other economic operator to undertake aspects of the work required within this proposed contract. The need to obtain the necessary licenses, tools, test equipment and develop technical expertise to undertake PDS activities, manufacture items and undertake repairs, for platforms nearing their Out of Service Date (OSD) would not be viable without engaging with Dunlop Aircraft Tyres Ltd for a significant proportion of the work. This would impact the users' ability to safely operate the affected aircraft, which would result in aircraft being grounded and capability being lost.
Another economic operator would not have the knowledge and in-use reliability data to be able to undertake fault investigations which could result in the grounding of the aircraft and the Authority would not be able to fulfil its safety requirements to ensure the safe functioning of the affected air platforms. Following the release of an RFI any other operator who claims to be able to perform the work would still have to source equipment from Dunlop Aircraft Tyres Ltd. In addition as they are not the component design organisation they would also be unable to carry out associated investigations on this equipment. Any new equipment to replace that produced by Dunlop Aircraft Tyres Ltd would have to be approved by a variety of TAAs which cannot be guaranteed to occur within the proposed period of contracting if at all. As a result, Dunlop Aircraft Tyres Ltd is the only company able to fulfil the full requirement that is being pursued by the Authority.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
Section V: Award of contract/concession
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
18/04/2019
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Dunlop Aircraft Tyres Ltd
40 Fort Parkway, Erdington
Birmington
B24 9HL
UK
Telephone: +44 1213848800
E-mail: Stewart.Ambrose@dunlopatl.co.uk
Fax: +44 1213777150
NUTS: UKG31
Internet address(es)
URL: www.dunlopaircrafttyres.com
The contractor is an SME:
No
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Initial estimated total value of the contract/lot/concession: 1 100 000.00 GBP
Total value of the concession/lot:
110 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the Authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification.
https://www.gov.uk/government/publications/government-security-classifications
Advertising Regime OJEU: This contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and www.contracts.mod.uk
GO Reference: GO-2019510-DCB-14880987
VI.4) Procedures for review
VI.4.1) Review body
Ministry of Defence, Air Support, Air Commodities Project Team (AC PT)
Abbey Wood
S34 8JH
UK
Telephone: +44 367986218
E-mail: DESASAC-ComrclContact@mod.gov.uk
VI.4.2) Body responsible for mediation procedures
Ministry of Defence, Air Support, Air Commodities Project Team (AC PT)
Bristol
UK
Telephone: +44 367986218
E-mail: DESASAC-ComrclContact@mod.gov.uk
VI.5) Date of dispatch of this notice
10/05/2019